Drug and Alcohol Free Workplace Procedure for U.S. Stores (including Puerto Rico) and SSG
PetSmart conducts its business with a high regard for the health and safety of its Associates and the public. Any Associate who uses illegal drugs, abuses prescription or over-the-counter drugs, or abuses alcohol is a hazard to himself or herself, other Associates, our customers, and the general public. PetSmart expects Associates to report for work in proper condition (not under the influence of a drug or alcohol) to perform their duties and maintain a productive environment.
PetSmart reserves the right to conduct unannounced searches of Associates and their property, including searches of containers and handbags, or of PetSmart-furnished property such as lockers, desks and secured areas of PetSmart premises. Such PetSmart-furnished property is subject to search even in cases where Associates have supplied their own keys or locks.
Associates who voluntarily seek help for an alcohol or drug problem prior to violating this policy will be offered help through our Employee Assistance Program (EAP).
The Employee Assistance Program is a program designed to help Associates with personal problems, including drug and alcohol impairment problems. (More specific information about our EAP is available from the Benefits Department.)
The policy of encouraging the use of the EAP is directed to the Associate with an alcohol or drug abuse problem and is not to be interpreted as conflicting with the rule on sale, purchase, use, possession, manufacture, distribution, consumption, solicitation, or dispensing of drugs or alcohol or of having a prohibited level of drugs or alcohol in an Associate's system during the course of employment, whether on PetSmart premises or off premises during performance of PetSmart business.
Associates who are referred to an EAP and Associates who voluntarily avail themselves of help for alcohol and drug problems from an EAP must abide by PetSmart rules. Associates enrolled in an EAP are subject to normal discipline.
The following activities constitute Prohibited Conduct:
- Possession, solicitation, manufacture, purchase, sale, distribution, or consumption of drugs or alcohol during the course of employment, whether on PetSmart premises or off premises during performance of PetSmart business.
- Possession, solicitation, manufacture, purchase, sale, distribution, or use of equipment, products, and/or materials which are used or designed for use, with drugs during the course of employment, whether on PetSmart premises or off premises during the performance of PetSmart business.
- Having alcohol or drugs, an abused prescription, nonprescription or illegal drug in his or her system, during the course of employment, whether on PetSmart premises or off premises during the performance of PetSmart business. Due to the lingering effects of drugs and alcohol, this prohibition applies regardless of when or where the substances entered the system. There are two exceptions to this rule:
- One exception to this rule is for substances for which the Associate has a valid prescription by a licensed health care professional. Prescription drugs may not be abused and must be taken only according to a health care professional's instructions. Nonprescription drugs, likewise, may not be abused and must be taken according to package directions.
- The other exception is consumption of alcoholic beverages at PetSmart-sponsored social functions at which alcohol consumption has been authorized by a person holding a Director-level or higher position.
- A manager who is aware of any of the above activities yet allows the associate to continue is in violation of this procedure and is subject to disciplinary action up to and including termination.
Persons subject to testing
PetSmart reserves the right to require individuals to submit to an alcohol impairment test or drug test under the circumstances identified below. The following persons are subject to testing:
- Associates - All Associates, including Officers, Directors and Managers of PetSmart, are subject to drug testing and alcohol impairment testing. An Associate is someone who is already in the service of and compensated by PetSmart.
- Applicants for Employment - All applicants for employment are subject to drug testing. "Applicant for employment" means any person who has made an application to PetSmart for employment regardless of whether the application was oral, written, or electronic.
Circumstances under which testing will be required
- Applicants for Employment - Applicants for employment may be drug tested during the hiring process. Appropriate samples, designated by state and local law, will be required from the applicant for employment and he or she will be required to present reliable individual identification to the person who collects samples. Payment for this drug test will be made by PetSmart, but PetSmart will not pay an applicant for the time involved in traveling to or from the test or for taking the test. PetSmart will not reimburse the applicant for the cost of transportation to the testing site.
- All Associates - Alcohol and drug testing normally will occur during or immediately before or after a regular work period. Appropriate samples will be required from the Associate and he or she will be required to present reliable individual identification to the person who collects the samples. Time spent in a test will generally be considered work time for the purposes of compensation and benefits. PetSmart will pay all actual costs for the alcohol or drug test, as well as all reasonable transportation costs if required tests are conducted at a location other than the Associate's normal work site.
PetSmart may require alcohol and drug testing for any job-related purpose including, but not limited to, the following circumstances:
- Reasonable suspicion: If there is reasonable suspicion that an associate may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or work environment, he or she will be required to submit to a drug and/or alcohol test.
- Maintenance of safety of our Associates, Pet Parents, pets in our care, or the public at large.
- Accident investigation: Including investigation of accidents or near accidents, injury to personnel, and/or damage to property or equipment, during the course of employment, whether on PetSmart premises or off premises during the performance of PetSmart business.
Drug and/or alcohol tests will be mandatory for all Associates who are directly involved in one or more of the following:
- A workplace injury or accident occurring while operating any machinery, e.g., forklift, automobile, box crusher
- A workplace injury which requires admission to a hospital
- An injury that is the third "Medical Treatment" injury to the same person within a twelve (12) month period
- A fatality
- A vehicle accident or traffic citation written to the Associate(s) directly involved during the course of employment or while driving a rental vehicle that is paid for by PetSmart
- Return-to-Duty after self-identification /Follow-Up Testing. If an Associate advises PetSmart of a drug or alcohol-related condition prior to engaging in Prohibited Conduct, PetSmart may, in its sole discretion, test the Associate for drugs and/or alcohol before returning to duty and subject the Associate to unannounced, follow-up drug and alcohol testing for a prescribed length of time as determined by state and local laws.
All sample collection and testing for alcohol and drugs will be performed in accordance with appropriate state and local laws.
Right of an associate, on request, to explain in a confidential setting, a positive test result.
Upon written request, Associates will have the opportunity to explain in a confidential setting, a positive test result. Written requests should be directed to the Vice President of Field HR or his or her designated representative. At SSG, the Vice President of SSG HR.
Confidentiality of test results
PetSmart will afford reasonable confidentiality to test results, consistent with the needs of the PetSmart's operations and business and the need to have the results of tests and the consequences of those results reviewed and considered by those individuals deemed appropriate by PetSmart.
Rights of associates, on request, to obtain written test results
Associates may obtain a copy of their written test results upon written request for such results. Written requests should be directed to the Vice President of Field HR or his or her designated representative or, for SSG associates, the Vice President of SSG HR.
Drug & Alcohol corrective action guidelines
Consequences of Refusal to Participate in or Cooperate with Testing
An applicant who refuses to submit to a drug and/or an alcohol impairment test, switches or adulterates a test sample, or otherwise fails to cooperate fully with the administration of a test will not be considered for employment, and an Associate who refuses to submit to a drug and/or an alcohol impairment test, switches or adulterates a test sample, or otherwise fails to cooperate fully with the administration of a test will be terminated.
Adverse Personnel Action Based on Prohibited Conduct
When a drug or alcohol test result is positive, the following actions may take place:
- In the case of drug testing, refusal to hire an applicant for employment
- Suspension of the Associate, with or without pay, for a designated period of time
- Termination of employment
- Any other disciplinary action that PetSmart, in its discretion, determines is warranted by the circumstances
Refusal of an Associate to cooperate in an investigation, or to submit to a search when requested to do so, may result in disciplinary action, up to and including termination.
Glossary of terms
PetSmart Premises: PetSmart premises are all areas in which PetSmart operates, including, but not limited to, its owned or leased property, stores, parking lots, receiving areas, warehouses, offices, buildings, vehicles, equipment, lockers, desks, work space and storage facilities.
Confirmation Test: A second test to confirm a positive result.
Nonprescription Drug Abuse: The use of nonprescription drugs such that it creates the potential for interference with performance, safety, attendance, behavior, or PetSmart operations.
Prescription Drug Abuse: The use of prescription drugs such that it creates the potential for interference with performance, safety, attendance, behavior, or PetSmart operations.
Additional Information for Associates and Applicants in Puerto Rico
Associates and applicants in Puerto Rico may request to review PetSmart's internal protocols and regulations for its drug and alcohol testing program in compliance with Puerto Rico law. The protocols and regulations are available from associates' Store Managers upon request.
In Puerto Rico, the following actions may take place for when a drug or alcohol test is positive:
- In the case of drug testing of an employment applicant, refusal to hire an applicant for employment;
- For a first-time positive result of an active associate, the associate will be suspended without pay pending completion of a compulsory rehabilitation program. Associates may not return to work until the rehabilitation program has been successfully completed.
- For a second positive result, depending on the circumstances, the associate may be disciplined up to and including termination from employment.
- Any other disciplinary action that PetSmart, in its discretion, determines is warranted by the circumstances.